Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 18. SENTENCE AND JUDGMENT · Part 1. Policy and Preliminary Procedure
Montana Code Annotated

Mont. Code Ann. § 46-18-102 (2026)

Rendering Judgment And Pronouncing Sentence -- Use Of Two-Way Electronic Audio-Video Communication

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 1
  5. 46-18-102 Rendering judgment and pronouncing sentence -- use of two-way electronic audio-video communication

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 1. Policy and Preliminary Procedure

Rendering Judgment And Pronouncing Sentence -- Use Of Two-Way Electronic Audio-Video Communication

46-18-102. Rendering judgment and pronouncing sentence -- use of two-way electronic audio-video communication. (1) The judgment must be rendered in open court. For purposes of this section, a judgment rendered through the use of two-way electronic audio-video communication, allowing all of the participants to be heard in the courtroom by all present and allowing the party speaking to be seen, is considered to be a judgment rendered in open court. Audio-video communication may be used if neither party objects and the court agrees to its use and has informed the defendant that the defendant has the right to object to its use. The audio-video communication must operate as provided in 46-12-201.

(2) If the verdict or finding is not guilty, judgment must be rendered immediately and the defendant must be discharged from custody or from the obligation of a bail bond.

(3) (a) Except as provided in 46-18-301, if the verdict or finding is guilty, sentence must be pronounced and judgment rendered within a reasonable time.

(b) When the sentence is pronounced, the judge shall clearly state for the record the reasons for imposing the sentence.

History: En. 95-2202 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2202; amd. Sec. 1, Ch. 46, L. 1983; amd. Sec. 4, Ch. 163, L. 1997; amd. Sec. 1, Ch. 378, L. 1997; amd. Sec. 5, Ch. 222, L. 2005.

Notes of Decisions
Cited in 26 cases (1 in the last 5 years), 1980–2021 · leading case: State v. Flanagan, 2003 MT 123 (Mont. 2003).
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State v. Flanagan, 2003 MT 123 (Mont. 2003). · cites it 16× “*800 ¶ 19 Pursuant to § 46-18-102(3)(b), MCA, a sentencing court must clearly state the reasons for the sentence it imposes.”
State v. Gordon, 1999 MT 169 (Mont. 1999). · cites it 12× “” Section 46-18-102(3)(b), MCA. ¶44 In addition to the statutory correctional and sentencing policy, sentences authorized for specific offenses are statutory in Montana.”
State v. Smith, 705 P.2d 1087 (Mont. 1985). · cites it 6× “Section 46-18-102, MCA, states: “(1) The judgment shall be rendered in open court.”
State v. Krantz, 788 P.2d 298 (Mont. 1990). · cites it 6× “Section 46-18-102(3)(b), MCA. This rule complies with basic fairness by acknowledging the defendant's right to be informed of the reasons for his sentence.”
State v. Betterman, 2015 MT 39 (Mont. 2015). · cites it 3× “) Section 46-18-102(3)(a), MCA, provides: “if the verdict or finding is guilty, sentence must be pronounced and judgment rendered within a reasonable time.”
State v. Baird, 2006 MT 266 (Mont. 2006). · cites it 7× “¶25 Baird erroneously asserts that Gagnon was subsequently codified in § 46-18-102(3)(b), MCA, and followed by this Court in State v.”
State v. Robinson, 2009 MT 170 (Mont. 2009). · cites it 4× “Notwithstanding the provisions of § 46-18-101(3)(a), MCA, (sentence and punishment is to be imposed in a timely fashion) and § 46-18-102(3), MCA, (sentence must be pronounced and judgment rendered within a reasonable time), Robinson and the State agreed that sentence would not…”
State v. Goulet, 921 P.2d 1245 (Mont. 1996). · cites it 6× “Did the District Court follow statutory requirements in imposing sentence? The first statute upon which Goulet relies is § 46-18-102(3)(b), MCA, which requires that when a sentence is pronounced, the court must “clearly state for the record [its] reasons for imposing the…”
State v. Graveley, 915 P.2d 184 (Mont. 1996). · cites it 6× “*187 Section 46-18-102, MCA (1993), provides that: (1) The judgment shall be rendered in open court.”
State v. Higley, 621 P.2d 1043 (Mont. 1980). · cites it 3× “As to the uncertainty caused by the delay, section 46-18-102, MCA, provides that the sentence must be rendered within a “reasonable time.”
State v. St. John, 2001 MT 1 (Mont. 2001). · cites it 2× “state all of the reasons for its sentence (see § 46-18-115(6), MCA and § 46-18-102(3)(b), MCA), nonetheless, we have not required a district court to give an extensive statement of its sentencing reasons.”
State v. Morris, 2010 MT 259 (Mont. 2010). · cites it 3× “¶20 Morris challenges the District Court’s findings that he harmed the community, caused a ripple effect in the community and was responsible for damage done to the young women.”
Show all 26 citing cases →
— Mont. Code Ann. § 46-18-102(3) — 2 cases
State v. Robinson, 2009 MT 170 (Mont. 2009). “Notwithstanding the provisions of § 46-18-101(3)(a), MCA, (sentence and punishment is to be imposed in a timely fashion) and § 46-18-102(3), MCA, (sentence must be pronounced and judgment rendered within a reasonable time), Robinson and the State agreed that sentence would not…”
State v. Finney, 931 P.2d 1300 (Mont. 1997).
— Mont. Code Ann. § 46-18-102(3)(a) — 3 cases
State v. Betterman, 2015 MT 39 (Mont. 2015). “) Section 46-18-102(3)(a), MCA, provides: “if the verdict or finding is guilty, sentence must be pronounced and judgment rendered within a reasonable time.”
State v. Betterman, 2015 MT 39 (Mont. 2015).
State v. Clawson, 421 P.3d 269 (Mont. 2018).
— Mont. Code Ann. § 46-18-102(3)(b) — 15 cases
State v. Flanagan, 2003 MT 123 (Mont. 2003). “*800 ¶ 19 Pursuant to § 46-18-102(3)(b), MCA, a sentencing court must clearly state the reasons for the sentence it imposes.”
State v. Gordon, 1999 MT 169 (Mont. 1999). “” Section 46-18-102(3)(b), MCA. ¶44 In addition to the statutory correctional and sentencing policy, sentences authorized for specific offenses are statutory in Montana.”
State v. Krantz, 788 P.2d 298 (Mont. 1990). “Section 46-18-102(3)(b), MCA. This rule complies with basic fairness by acknowledging the defendant's right to be informed of the reasons for his sentence.”
State v. Baird, 2006 MT 266 (Mont. 2006). “¶25 Baird erroneously asserts that Gagnon was subsequently codified in § 46-18-102(3)(b), MCA, and followed by this Court in State v.”
State v. Goulet, 921 P.2d 1245 (Mont. 1996). “Did the District Court follow statutory requirements in imposing sentence? The first statute upon which Goulet relies is § 46-18-102(3)(b), MCA, which requires that when a sentence is pronounced, the court must “clearly state for the record [its] reasons for imposing the…”
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